Case law

Nathaniel Samuels v. Empresa Lineas Maritimas Argentinas, a Foreign Corporation, Defendant-Third-Party-Plaintiff-Appellant v. Southport Stevedores, Inc., Third-Party Employers Mutual Liability Insurance Company of Wisconsin, a Corporation, Intervenor

573 F.2d 884 · Court of Appeals for the Third Circuit · May 26, 1978

This provided enough light to enable the men to work. 8 The degree of illumination, however, was not clearly established. … We adhere to the logic of the Ninth Circuit. 19 In reaching our own conclusion, we start with the premise that, under the Act, the employer is immune to suit for indemnity or contribution by the vessel. 33 U.S.C. § 905 ;

Ellis-Foster Co. v. Reichhold Chemicals, Inc.

198 F.2d 42 · Court of Appeals for the Third Circuit · Jun 26, 1952

It has been explained to us clearly in a very able presentation on behalf of the appellant, in which we have been led through the chemistry of the reactions of maleic acid on rosin and the esterification of the resulting … Ellis then does not qualify for a statutory monopoly and neither, of course, does his assignee.

Bray v. Marriott Hotels

110 F.3d 986 · Court of Appeals for the Third Circuit · Apr 11, 1997

Thus, the plaintiff must establish that he or she (1) belongs to a protected category; (2) applied for and was qualified for a job in an available position; • (3) was rejected; (4) and, after the rejection, the position remained … The dissent’s position would immunize an employer from the reach of Title VII if the employer’s belief that it had selected the “best” candidate, was the result of conscious racial bias.

John Savadjian v. Marlene Caride

Court of Appeals for the Third Circuit · Sep 23, 2020

The doctrine of quasi-judicial immunity may immunize executive officials performing judge-like functions The doctrine of quasi-judicial immunity provides that those “who perform functions closely associated … Specifically, Savadjian argues that Commissioner Caride “ignored established precedent placing limits on her authority,” and that, “under established law, [she was] not empowered to disregard the credibility and evidentiary

Jerry v. Carter v. Aetna Casualty and Surety Company, A. C. Woods, Third-Party

473 F.2d 1071 · Court of Appeals for the Third Circuit · Feb 16, 1973

Here the facts quite clearly establish that Aetna learned from the complaint that Carter claimed Woods owned the car which collided with him. … A policy endorsement specifies that a transferee of a vehicle under an agree-meat of sale does not qualify ns an insured.

United States v. John Bazzano

570 F.2d 1120 · Court of Appeals for the Third Circuit · Dec 21, 1977

Testimony established that one of the operators of the gambling operation directed an assistant to give an envelope to Orsini. … "I didn't want immunity." Question (by Assistant U.S. Attorney): "Were you granted immunity?" A: "Yes, against my rights." Q: "And you were ordered to testify?"

Meral Smith v. Melvin H. Evans

853 F.2d 155 · Court of Appeals for the Third Circuit · Nov 4, 1988

In their answer, the defendants interposed a number of affirmative defenses, including statute of limitations, good faith immunity, and failure to follow the procedure required by the Virgin Islands Tort Claims Act, 33 V.I.C … Cir.1988), which held that the government’s obligation to provide meaningful access to *157 the courts can be met, inter alia, by expanding the duties of local public defenders to include researching prisoners’ claims, established

Mortellite v. Novartis Crop Protection, Inc.

460 F.3d 483 · Court of Appeals for the Third Circuit · Aug 21, 2006

Such an event "merely motivates an optional decision" to change a label and therefore "does not qualify as a requirement" to change a label. Id. … The failure-to-warn claim 30 Unlike the previous claims, Plaintiffs' failure-to-warn claim clearly fulfills the first requirement of the Bates test by creating a labeling requirement for a product.

In Re W.R. Grace & Co.

729 F.3d 311 · Court of Appeals for the Third Circuit · Sep 4, 2013

The TDPs establish two primary methods by which claims will be assessed, valued, and paid. … Under the clearly erroneous standard, we must uphold the Bankruptcy Court’s factual findings unless we are “left with the definite and firm conviction that a mistake has been committed.”

United States v. City of Chester

144 F.2d 415 · Court of Appeals for the Third Circuit · Aug 10, 1944

defense industries : * * * ” By the Lanham Act, Congress has decreed that housing for persons engaged in national-defense activities, as defined in Section 2, is essential to the national defense. 11 Such legislation is clearly … We should point out, however, that immunity from local building restrictions or ordinances does not imply that the Administrator is free to construct unsafe dwellings or housing which may be deleterious to the health and

S.H. Ex Rel. Durrell v. Lower Merion School District

729 F.3d 248 · Court of Appeals for the Third Circuit · Sep 5, 2013

Section 504 of the RA provides: No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability … Section 202 of the ADA similarly states: [N]o qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services

Walter H. Kaltreider and Irene C. Kaltreider v. Commissioner of Internal Revenue

255 F.2d 833 · Court of Appeals for the Third Circuit · Jul 17, 1958

houses ($350.00) was reported as ordinary income in Schedule “C” and one half ($10,478.90) of the profit allocated to sale of the lots 8 was reported as long-term capital gain in Schedule “D”. 9 The allocation procedure established … well-settled that such findings are “in the nature of an ultimate finding of fact and since such finding is but a legal inference from other facts it is subject to review free of the restraining impact of the so-called ‘clearly

Andrea Patricia Duvall, (Nee Andrea Patricia Phillips) v. Attorney General of the United States

436 F.3d 382 · Court of Appeals for the Third Circuit · Feb 7, 2006

To apply the doctrine in a case such as this, where a clearly deportable alien continues to commit criminal acts after initial proceedings are terminated, would frustrate this statutory purpose. … This prospective immunization against removal is plainly contrary to congressional intent.

Ba Properties Inc. v. Government Of The United States Virgin Islands

299 F.3d 207 · Court of Appeals for the Third Circuit · Jul 29, 2002

Does the Statutory Language of § 128(a)(2) Clearly Exempt the Present Transaction from Taxation? … Provided, That no more than one of them may be a judge of a court established by local law. 48 U.S.C. § 1613a(b).

Hernandez v. City of Union City

264 F. App'x 221 · Court of Appeals for the Third Circuit · Feb 12, 2008

To establish a claim under 42 U.S.C. § 1983, a plaintiff must show “(1) whether the conduct complained of was committed by a person acting under color of state law 1 and (2) whether the conduct deprived the complainant … immunity defense, we must first “ascertain whether a constitutional violation has been alleged before determining if qualified immunity is available.”

Ali v. New Jersey Superior Court Board of Bar Examiners

494 F. App'x 262 · Court of Appeals for the Third Circuit · Aug 27, 2012

Title I prohibits an employer from “discriminat[ing] against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge … R. 1:23-4 (establishing funding for the Board from fees paid by candidates for admission to the bar and from funds provided by the Administrative Office of the Courts), is an entity entitled to Eleventh Amendment immunity

Chenthilkumaran Senathirajah v. Immigration & Naturalization Service

157 F.3d 210 · Court of Appeals for the Third Circuit · Oct 9, 1998

To qualify as a refugee, an applicant must establish “by objective evidence that it is more likely than not that he or she will be subject to persecution upon deportation.” INS v. … It is clearly a burden for one who is homeless to have to return home.

Mellon Bank, N.A. v. Official Committee of Unsecured Creditors of R.M.L., Inc. (In re R.M.L. Inc.)

92 F.3d 139 · Court of Appeals for the Third Circuit · Aug 1, 1996

Based upon the totality of the circumstances, the Committee has established that Mellon failed to confer reasonably equivalent value.... ” Id. at 469 . c. … We also acknowledge that whether a contemplated investment provided a significant “chance” to receive value more often than not will be bound up in the bankruptcy court’s factual determinations and, thus, largely immune from

Trojan Technologies, Inc. v. Pennsylvania

916 F.2d 903 · Court of Appeals for the Third Circuit · Oct 24, 1990

The court thus held that such a scheme does not qualify for protection under the market participant doctrine and hence violates the commerce clause. Id. at 495, 496 . 13 Respectfully, we disagree. … The Seventh Circuit also held that the statute was unconstitutional under the privileges and immunities clause of Article IV. . See City of Trenton v.

Shawn Williams v. Robin Nyberg

Court of Appeals for the Third Circuit · Feb 12, 2026

Abbey Decl., ECF No. 124-1 at 7. 4 Given that whether an action qualifies as “adverse” under this standard is “ultimately a question of fact,” Bistrian v. … immunity.